ASHU @ MIR ASMAT Vs. STATE OF ORISSA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 4.7.2007 passed by the learned Ad hoc Additional Sessions Judge, Fast Track Court, Jagatsinghpur in S.T. Case No.33 of 2006 (S.T. No. 649 of 2003) convicting and sentencing the appellants under sections 302 and 201 read with 34 of the Indian Penal Code (for short, the I.P.C.). Each of the appellants has been sentenced to undergo imprisonment for life and to pay fine of Rs.10,000/ -, in default toundergo rigorous imprisonment for two years, under Sections 302 read with 34 of the I.P.C.; and to undergo rigorous imprisonment for three years under Sections 201 read with 34 of the I.P.C.

(2.) ALLEGATION in the case relates to murder of deceased Nrusingha Mishra @ Bapuni. Informant P.W. 18 is his father and P.W. 17 is his mother.

(3.) PROSECUTION case is that deceased and appellants were friends. It is alleged that on 7.1.2003 at about 3 P.M. the appellants came to the house of deceased on a scooter bearing registration No. DL.25 -9666 and called the deceased to come with them to purchase a vehicle. The deceased accompanied the appellants with Rs.40,000/ -in cash saying that he would come back within 2 to 3 hours. However, he did not return till night. Informant P.W. 18 went to the appellants and another friend of the deceased, namely Babu, in search of the deceased, but, he could not find them. It is further alleged that on the following day P.W.18's nephew P.W. 19, who belongs to Kendrapara, came and told P.W. 18 that on 7.1.2003 at about 7 P.M. he saw the deceased at Duhuria bridge proceeding with two other persons on scooter bearing registration No. DL.25 -9666 in a high speed towards Chandikhol. Deceased was sitting in the middle.